EXHIBIT 10.15
FIRST AMENDMENT
TO
CONTROLLED EQUITY OFFERING SALES AGREEMENT
THIS FIRST AMENDMENT TO CONTROLLED EQUITY OFFERING SALES AGREEMENT (the
"Amendment") is made as of January 10, 2003, by and between Anworth Mortgage
Asset Corporation, a Maryland corporation (the "Company") and Cantor Xxxxxxxxxx
& Co. ("CF&Co").
WHEREAS, the Company and CF&Co entered into that certain Controlled
Equity Offering Sales Agreement dated December 30, 2002 (the "Agreement").
WHEREAS, due to a typographical error, the Company and CF&Co wish to
amend the Agreement as set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby agree as
follows:
1. Amendment to Section 1. Section 1 of the Agreement is hereby amended
to insert the words "up to" immediately before "4,800,000 shares" in the first
sentence thereof.
2. Counterparts. This Amendment may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument. Delivery of an executed
Amendment by one party to the other may be made by facsimile transmission.
3. Continuing Agreement. Except as specifically amended hereby, all of
the terms of the Agreement shall remain and continue in full force and effect
and are hereby confirmed in all respects.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their respective officers thereunto duly authorized, as of the date
firs above written.
ANWORTH MORTGAGE ASSET CORPORATION
By: /s/ Xxxxx XxXxxxx
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Xxxxx XxXxxxx
Chief Executive Officer
CANTOR XXXXXXXXXX & CO.
By: /s/ Xxxxxxx Xxxxxx
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Xxxxxxx Xxxxxx
Executive Managing Director
By: /s/ Xxxx X. Xxxxxx
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Xxxx X. Xxxxxx
Managing Director
